"Sixteenth and seventeenth century Ottoman legislation on adultery and rape, for example, stipulated the frequent use of fines, moving away from the earlier emphasis on corporal punishment The hadd penalty for flogging or death for sexual crime *or even else severe tazir variations on this punishment) was for the most part replaced in this period by a scale of fines that depended on an individual's marital, religious, and economic status. This did not mean, however, that hadd punishments disappeared completely. As Leslie Peirce notes, the punishments articulated in the codes are “qualified .. with the brief statement provided the sharia punishment is not applied.'” Nonetheless, the basic assumption was that “the fine for adultery imposed on a rich Muslim was six times greater than that imposed on a poor Muslim and twelve times that imposed on a poor non-Muslim or a slave” Fines tied to both economic and political/religious status, in other words, replaced universal physical punishments applicable to everyone in the Muslim community."
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Rape in Islamic law
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